Instead of the immediate conservative revolution some feared, the new Supreme Court majority is abiding by an old adage: Slow and steady wins the race.
A Florida state appeals court has overturned a $14.4 million trial judgment over a car passenger's devastating injuries in a crash, saying Friday the case was actually resolved years before trial when Geico, the driver's insurer, accepted a $10,000 settlement offer late on the day the offer was due to expire.
California and 22 other states on Friday sued the U.S. Environmental Protection Agency over its decision to rescind the Golden State's Clean Air Act waiver that allowed it to set its own greenhouse gas standards and run a zero-emissions vehicle program.
The Texas Supreme Court agreed Friday to consider whether forum selection clauses are applicable to parties who weren't signees to an agreement in a dispute between former business partners.
A Florida appeals court on Friday affirmed a defense verdict in a suit seeking to hold a hospital liable for a patient’s sexual assault, saying the trial judge didn’t err by excluding hospital records regarding past sexual assault incidents.
A Florida state appeals court ruled Friday that a lower court erred when it applied an exception to a general rule against awarding attorneys' fees incurred litigating the amount of a fees award and made such an award to a homeowner who prevailed in a mortgage foreclosure suit.
The Kansas Supreme Court on Friday ordered a new trial in a suit claiming that a wealth management company allowed one of its employees, a now-disbarred attorney, to commit elder abuse, saying the trial court issued improper jury instructions.
Cisco Systems petitioned the U.S. Supreme Court to review a split Federal Circuit decision upholding the validity of two cybersecurity patents it was found to infringe, saying it flouts the high court's Alice ruling and "will breed confusion" if left to stand.
An Oregon appeals court blocked the state's temporary ban on flavored cannabis vaping products, about a month after it took similar action on a ban on flavored nicotine vaping products.
State agency law, not federal case law, applies in awarding a $4.1 million tax refund to the bankruptcy estate of a banking group rather than to its defunct subsidiary, the bankruptcy trustee has told the U.S. Supreme Court.
Chicago police officers have struck out on their argument that the city owes them higher disability payments, with an Illinois appeals court ruling a lower court correctly dismissed their proposed class action against a city benefit fund.
The Federal Circuit ruled Friday that the Defense Contract Management Agency can't deny Northrop Grumman Corp.’s claim for $253.4 million in retiree benefit costs after the company switched cost accounting methods because Northrop more than offset the difference through a benefit contribution cap.
Newly confirmed Delaware Supreme Court Justice Tamika Montgomery-Reeves took a roundabout path from her Mississippi birthplace to a spot as the first African American on the First State's highest bench, coming to the court from a life deep in the law, but without the often native local and northeastern ties of her colleagues.
The Federal Circuit on Friday reversed a lower court’s decision that claims in a data transmission patent belonging to Dutch telecommunications company Koninklijke KPN are invalid, saying the patent does not cover an abstract idea.
A nursing facility in San Antonio will have a chance to convince the Texas Supreme Court that a $3.4 million medical malpractice judgment against it, already reduced from a jury’s $13.9 million award, should be lowered again because the trial court used the wrong formula to calculate how settlement credits should apply.
The Massachusetts Supreme Judicial Court on Thursday upheld a pair of lower court rulings that said the governor overstepped his authority in rolling out a ban on the sale of vaping products, but left the controversial measure in place as the legal fight continues.
Shay Dvoretzky of Jones Day's appellate practice led Merck in persuading the Supreme Court to reverse a decision over drug warning labels and won a legal victory that limited the potential liability for government contractors facing asbestos cases, earning him a spot as one of Law360's 2019 Appellate MVPs.
President Donald Trump asked the U.S. Supreme Court on Friday to pause the enforcement of a subpoena by the House Oversight and Reform Committee seeking eight years of his business records from his longtime accounting firm, according to his attorney.
The U.S. Supreme Court agreed Friday to tackle a yearslong copyright battle between Google and Oracle over smartphone software, setting the stage for a potential landmark decision on intellectual property.
The past week in London has seen Libya's sovereign wealth fund sue Credit Suisse amid a long-running bribery battle, retailer Sports Direct take on its former accountant Grant Thornton, and a host of underwriters file claims against a shipowner and its bank a month after winning a case over a fake pirate attack. Here, Law360 looks at those and other new claims in the U.K.
U.S. Supreme Court Justice Brett Kavanaugh struck a humorous and, at times, emotional tone in his first major public remarks Thursday since last year's bruising confirmation, cracking jokes about Matt Damon's "Saturday Night Live" parody of him while thanking his allies in a speech to the Federalist Society.
The California Supreme Court handed Northwestern Mutual Life Insurance Co. a win Thursday in a proposed consumer class action challenging the company's practice of charging compound interest on policy loans, ruling that insurers are exempt from disclosing such charges under state law.
The Federal Circuit on Thursday ruled against a coalition of southern Oregon and Northern California farmers who argued they weren’t properly compensated when the federal government declined to release water to them, saying tribal water rights were first in line.
The Federal Circuit disproportionately issues summary affirmances to patent owners appealing Patent Trial and Appeal Board decisions, while giving appealing petitioners more reasoned opinions, an iPod dock maker has told the U.S. Supreme Court.
The Tenth Circuit has rebuffed a request by Three Affiliated Tribes court officials that it rethink a ruling that tribe members' suits seeking royalties for the flaring of natural gas on reservation lands can’t be heard in tribal court, despite the officials’ claims the decision flouted U.S. Supreme Court precedent and trampled on tribal court authority.
A Ninth Circuit judge on Thursday criticized the U.S. Justice Department's efforts to end a whistleblower's False Claims Act suit against Academy Mortgage Corp., saying the DOJ "probably made a mistake" by seeking the interlocutory appeal and should have instead tried to satisfy the district court's concerns about dismissal.
With 150 judicial appointments under his belt, President Donald Trump is reshaping the federal judiciary for decades to come. Here is Law360's comprehensive guide to the nominations.
The 43 judges President Donald Trump has put on the nation’s circuit courts are young, conservative and ready to make their mark. Here, Law360 examines how this freshman class of lifetime appointees is already changing American law.
Every last judicial vacancy will be filled by the end of President Donald Trump’s first term, Senate Majority Leader Mitch McConnell, R-Ky., pledged this week, projecting confidence in his party’s ability to completely transform the federal bench.
A recent wave of consumer class claims that challenge the visual accessibility of gift cards under the Americans with Disabilities Act in New York federal courts are facially deficient and should be susceptible to early dismissal, say attorneys at Akin Gump.
Oral arguments at the U.S. Supreme Court in County of Maui v. Hawaii Wildlife Fund raise the possibility that the national permitting system for discharging wastewater into the ground will need to be retrofitted, says Marcia Greenblatt of Integral Consulting.
A little over one year after the U.S. Supreme Court’s decision in SAS Institute v. Iancu, data show a 5% increase in district court-granted stays of litigation pending inter partes review, and the grant rate disparities may influence new patent filings toward certain venues and defendants facing patent infringement claims toward others, say attorneys at Armond Wilson.
Oral arguments before the U.S. Supreme Court in Comcast v. National Association of African American-Owned Media highlighted the case's flaws, including that it concerns the dismissal of a complaint that omitted a key fact and was tainted by dubious insinuations, says R. Scott Oswald of The Employment Law Group.
While the Seventh Circuit’s recent Americans with Disabilities Act decisions in Richardson v. Chicago Transit Authority and Shell v. BNSF Railway make clear employers may consider weight when evaluating a worker’s fitness for a position, they don't provide free rein to make hiring decisions based on obesity, say Jennifer Froehlich and Andrew Fiske at Holland & Knight.
Recent federal appellate and district court rulings suggest that the predicted radical curtailing of Auer deference in the wake of the U.S. Supreme Court's decision in Kisor v. Wilkie has not come to fruition, say Jeffrey Karp and Edward Mahaffey at Sullivan & Worcester.
The critical and fundamental problem with the Federal Circuit's constitutional remedy for Patent Trial and Appeal Board judicial appointments in Arthrex v. Smith & Nephew is that making administrative patent judges removable at will renders them unable to preside over inter partes review proceedings consistent with the Administrative Procedure Act, say attorneys at Sterne Kessler.
While food marketing class actions have declined in California and increased in New York over the past few years, an examination of Ninth and Second Circuit case law shows why New York appears to be a less favorable forum for food plaintiffs overall, say attorneys at FaegreBD.
New York Chief Judge Janet DiFiore's proposed reform of the state's courts is flawed because it will dramatically increase judges' salaries and retirement benefits even though New York already has the most expensive court system per capita in the United States, says Michael Friedman, former president of the Albany County Bar Association.
The Federal Energy Regulatory Commission recently approved two regional transmission organizations' energy storage proposals. But full integration of storage resources into the wholesale market will be complex — and ongoing litigation could force FERC to change its approach, say attorneys at Greenberg Traurig.
As Texas and other states review their judicial election processes, they would be well served by taking guidance from Massachusetts' Governor’s Council system, which protects the judiciary from the hazards of campaigning, says Richard Baker of New England Intellectual Property.
While courts continue to debate whether the Federal Circuit's remedy in Arthrex v. Smith & Nephew is sufficient to save the constitutionality of the Patent Trial and Appeal Board, perhaps it is time for the U.S. Patent and Trademark Office to remove its self-imposed limits on precedential opinion panel rehearings, say James Carmichael and Stephen Schreiner of Carmichael IP.
Reading Jeffrey Rosen’s "Conversations With RBG: Ruth Bader Ginsburg on Life, Love, Liberty, and Law" is like eavesdropping on the author and his subject while they discuss how the restrained judicial minimalist became the fiery leader of the opposition, says Ninth Circuit Judge M. Margaret McKeown.
In last week’s U.S. Supreme Court oral arguments in County of Maui v. Hawaii Wildlife Fund, justices searched for a standard for controlling indirect discharges to navigable waters that could prevent evasion of water quality protections without significantly expanding federal permitting requirements, say Ashley Peck and Alison Hunter of Holland & Hart.
In this month's bid protest roundup, Victoria Angle and Roke Iko at Morrison & Foerster look at three October decisions: The U.S. Court of Federal Claims considered its jurisdiction, the Federal Circuit looked at standing, and the U.S. Government Accountability Office clarified its scope of review over AbilityOne procurement protests.